Reysson Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2020] NSWCA 281

Reysson Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2020] NSWCA 281

On proper statutory construction, s 6(1) of the Coastal Management Act 2016 (NSW) does not impose an objective jurisdictional fact as a precondition to validly identifying land as coastal wetlands and littoral rainforests area by SEPP; the task of identification is evaluative and policy-driven, not for de novo judicial determination; the mapping of a generic proximity area/buffer is rational and proportionate to statutory purposes; and the Governor may lawfully adopt by reference maps approved by the Minister in making a SEPP—there being no statutory requirement for the Governor to approve or directly consider the map.

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Appeal / Decision on Appeal From Land and Environment Court ([2019] NSWLEC 203)
Outcome
Appeal dismissed; appellant to pay the costs of the respondent.
Legal Topics
['statutory Interpretation' 'jurisdictional Fact' 'environmental Planning Instrument Validity' 'coastal Protection Mapping' 'legislative Instrument Validity' 'development Control']
['environment and Planning'] ['statutory Interpretation' 'jurisdictional Fact' 'environmental Planning Instrument Validity' 'coastal Protection Mapping' 'legislative Instrument Validity' 'development Control']

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Procedural Posture

Appeal / Decision on Appeal From Land and Environment Court ([2019] NSWLEC 203)

Legal Issues

  1. 1 ['Whether s 6(1) of the Coastal Management Act 2016 (NSW) contains a jurisdictional fact fixing the power to identify land as within the coastal wetlands and littoral rainforests area' "Whether the 100 metre 'proximity area' mapped is rational and proportionate to the legislative scheme" 'Whether the Governor was required to have approved or considered the relevant map when making the Coastal Management SEPP']

Ratio Decidendi

On proper statutory construction, s 6(1) of the Coastal Management Act 2016 (NSW) does not impose an objective jurisdictional fact as a precondition to validly identifying land as coastal wetlands and littoral rainforests area by SEPP; the task of identification is evaluative and policy-driven, not for de novo judicial determination; the mapping of a generic proximity area/buffer is rational and proportionate to statutory purposes; and the Governor may lawfully adopt by reference maps approved by the Minister in making a SEPP—there being no statutory requirement for the Governor to approve or directly consider the map.

Court Disposition

Appeal dismissed; appellant to pay the costs of the respondent.

Orders

  • ['Appeal dismissed' 'Appellant to pay the costs of the respondent']